The Hawaiian gazette., 1887-04-05
YEoNe SAL KoNe vs.. 5. SELIs. Re.
CETER OF. ANN AND AHUNA.
nEFoRE oHrrr srsrrcr ION.

The above named cases are by
agreement heard together. One Ahu-
ma 3 Chinaman who was doing bust
ness as a trader and rice planter by
himself in the District Of Waialus,
Oahu. and also with one Y. Amin as q
rice planter at Mokuleia in Waialua
under the name Of Amin X Ahuna,
died inteState on the It'll January,
1856. 5. Selig was appointed ad-
ministrator Of his estate IN February
and was appointed receiver of the
partnership Of Amin X Ahuna on
March 29th. Soon after his appoint
ment as administrator Mr.. Selig went
10 Waialus with Amin 10 examine the
papers Of Ahuna deceased and ascer-
tain the stste OF the accounts.
Through Lau Cheong the deceased's
book-keeper, an abstract from the
books kept in Chinese characters,
some 100 IN number. was obtained.
This abstract presented 10 the Court
does not contain the account Of either
plaintiff. The respondent proceeded
20 settle the estate and wind up the
partnership. Aluna, plaintiff, re
tanned from China soon after and
early IN 1856. presented claim for
some $1,000. and brought suit there
for at the July Term which the ad-
administration, finding proof that some
y $1,000 was really owing Aluna, settled
for the sum Of 5000. taking from
him : release which viii be considered
later on. In November. 1885. Aluna
presented the claim now sued upon.
being Tor wages as overSeer or mana
ser Of the rice plantation at Mokuleia
owned by Amin Il AhunR, at $500 per
annum from LIST July. 1882. 10 18th
March. 1885. which, after deducting
sums received from time 10 time
amounts TO S1.05AT5.
The other plaintiff. Yeong Sal
Kong. presented claim covering the
same period. for wages Is manager
and book-keeper for $500 per annum
which, deducting the sums received
by lin amounts 10 Sl.0T1.S5- 1t Is
rem. --->le that although Mr.. Selig
was calling for claims not only against
the estate Of Ahuna but against the
. partnership. the claim OF Yeong Sal
Kong was not presented 70 him while
at Nalalua, and no suggestion was
made 10 him Of the existence Of either
Of them by Amin the surviving part
ner or the book-keepers or by any
one. ANN now says they are Just
claims and ought 10 be paid. and
that he informed Mr.. Selig Of them
ST Waialua. I do not believe this.
The book-keeper Lsu Cheong says
4 they do not appear u Ahuna's books,
though there was an entry Of the time
they began 70 be employed and Of the
charges against them. but that be was
never told what wages. Il any. they
were To receive and made no credit
Il. them. The plantations on which
they were employed were sold on
4 credit IN March. 1885. and went into
other hands but Il i clear that no
settlement was made q the demand
Of these plaintiffs for their labor on
this plantation. Aluna waS Ahuns's
brother. 1eong Sal Kong Is Aims
cousin and I think they were en-
ployed by the respective partners 10
look after their respective interests.
probably under az understanding
that each was 70 receive iron his
relative share n the profits. i il
was profitable. or N the amount II
sold for when realized upon This Is
the most rational way Of explaining
their silence.
But there Is no legal proof Of this.
The facts remain undisputad that they
performed the labor IS claimed and
that they have not been specifically
psid for IL DO not think the teSti-
nony that the stated aecountS were
presented to Ahuna and approved by
him and passed on 70 Amin and by
him approved and then passed back
10 the plaintiffs Is reliable. II Is n
consistent with the conduct Of plainI-
ifs SIS well IS that Of both Amin and
Albums But, II the contracts 70 pay
500 per annum be no3 substannated
I think there Is evidence enough that
the services were well worth these
wages. This case seems 70 ne 20 be
81 attempt OF the parT Of these Chi
nsse % prove 6 goo3 clslm by mann
bs,t1red documentary evidence.
But i Is urged By respondents
counsel that the release executed by
AlUns i 81 effectUsl bar 10 his pre-
Seoi claim.
II : IS follows:
In consideration Of Three ThouS-
and Dollars u be paid 70 ne by )
Selig. administrator Of the estate d
L Abuns within ten days, I Do here
by release and discharge the sid al
minlStCss0T and estate. Of and from
sny sid 81 claims demands and
charges which l OF ny vie may
have against the said a6miniStrator
o. estate from the beginning q the
world 20 6ste- And I Do hereby 5
siga and deliver 70 the said SaEE 81
notes. debts. chooses u scion an6
property the subject matter q 3